Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Smith of Basildon Excerpts

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Baroness O’Loan (CB)]

My Lords, I acknowledge the need for many of these government amendments, which clarify technical and procedural points. They do not go to the heart of the objections to the Bill that have been articulated tonight.

Some amendments, such as Amendments 6 and 7, are very minor. They provide for the provision of annual work plans, six-monthly reporting and things like that. It seems slightly heavy that you have to produce those as a matter of good governance—the auditors will require that. There is a requirement to provide annual reports and things like that, but, as regards putting that in statute, I do not object to it, but it is kind of heavy-handed. It goes again to the suspicion that the Secretary of State wants to be very involved in the work plans, how they are doing it and how they intend to distribute the resources that are available to them within the commission. I simply draw that to the Minister’s attention.

I am not sure about the meaning of Amendment 35. I know it is not the Minister’s amendment, but can he say whether it is possible that it may have the effect of limiting the application of some of the provisions of the Bill and some of the amendments that we have discussed and will discuss? There are powers other than those commonly known as police powers which may apply. I do not expect the Minister to answer that tonight, but will just leave the thought with him.

It seems that Amendment 41 may limit the ability of the commissioner to be flexible in the use of his staff. Obviously, the commissioner will be making decisions about which staff are required to have police powers and which are not. Those who have police powers will be able to do things such as arresting, searching and seizing, et cetera, while those who do not will not, but they can accompany and assist. I am not sure—perhaps the Minister can clarify this at a later time—whether an officer can have a limited subset of police powers, as provided for in the legislation, and I am not sure what that would add. So Amendment 41 may in fact not be particularly helpful in ensuring the most economic and effective use of the resources available to the commissioner.

The Minister referred to my reservations about Amendment 183. That refers to the removal of the provision making the ICRIR a relevant authority under the Investigatory Powers Act 2016—which goes to the question that the noble Lord, Lord Hain, has just asked. As I understand it, as drafted, the Bill gave the commission the right to require the delivery of data. Information may or may not have been requested by a previous investigation. If it was requested, it should be available in the files of that previous investigation. However, we know that, in many cases, data which may have been available was not requested by previous investigations for a variety of reasons, and therefore it will not be available to the commission unless the commission has the power to ask for it. The suggestion has been made—I thank the Minister for the discussions we had about this—that the holder of the data could voluntarily surrender it. That may or may not be correct, but my question is: this is actually a tool in the toolkit of a standard investigation, so why take it away?

[Baroness Smith of Basildon (Lab)]

I was expecting the noble Lord, Lord Bew, to speak on this group of amendments.

[Lord Bew (CB)]

I do not have any amendments in this group.

[Baroness Smith of Basildon (Lab)]

My Lords, this has been an interesting discussion. I want to pick up on a couple of points and speak to our Amendment 198.

My comments on government Amendment 6 are not dissimilar to those made by the noble Baroness, Lady O’Loan. It seems quite prescriptive in terms of the work plan that has to be produced. Is there any flexibility within that? Is this a plan that must be adhered to? Is it for the Secretary of State’s benefit in terms of monitoring? I would be quite interested to know what the intention of the plan is and how much direction can be exercised by the Secretary of State.

Amendment 198 is a probing amendment on the timing of commencement. It would insert

“but such day or days must not be beyond the end of the period of two years beginning with the day on which this Act is passed”.

At the moment, it is open for the Secretary of State to implement commencement when he or she considers fit. I would like some clarity on when the Government think it will come into force. The Minister is looking at me with a rather puzzled expression. I direct him to page 47 of the Bill, where he will see what I am talking about. I am surprised that he is looking at me that way, but it is not unusual. Clause 57 says that the provisions will come into force

“on the day on which this Act is passed … Otherwise, this Act comes into force on such day or days as the Secretary of State may by regulations appoint”.

I am curious to know the Government’s intentions on that.

I will be interested in the Government’s comments on the amendment tabled by the noble Lord, Lord Empey, and spoken to by the noble Lord, Lord Rogan. I think that the Minister will recognise that he will have to reassure and give confidence to those who have raised the issue. What he says tonight will be very important in that regard.